NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
WABASH RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) Carrier violated the rules of the Schedule for Clerks
and continues to violate said rules, when on or about January 16,
1956, three employes assigned as messengers at Kansas City,
Missouri, namely: Richard D. Glathaar, James E. Whitaker and
Robert C. Noel, were furnished with and required to operate a
half-ton panel truck for use in the performance of their duties as
messenger, and assume newly assigned duties in connection with
the operation of the truck such as transporting company material, office supplies, etc., with no adjustment in their rate of pay
nor change in their classification as messengers.
(2) Messengers Richard D. Glathaar, James E. Whitaker
and Robert C. Noel, who were assigned as messengers with the
effective date the panel pick-up truck was placed in operation on
or about January 16, 1956, be compensated at rate of $1.82
per hour or $14.56 per day from on or about January 16, 1956 to
November 1, 1956, plus subsequent wage increases granted, less
compensation received as messengers. This claim to include other
employes who may have been regularly or temporarily assigned to
the positions designated as Messengers, subsequent to the effective
date of the truck operation, and continue in force and effect until
the violation is corrected.
FINDINGS: The Third Division of the Adjustment Board, after
giving the parties to this dispute due notice of hearing thereon and upon the
whole record and all the evidence, finds and holds:
That carrier and employes involved in this dispute are respectively
carrier and employes within the meaning of the Railway Labor Act, as
approved June 21, 1934;
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That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by the complainant party; and
That hearing thereon has been held and concluded. Under date of
August 11, 1959, the parties jointly advised the Secretary of the Third
Division of their desire to withdraw this case from further consideration
by the Division which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: F. P. Morse
Acting Secretary
Dated at Chicago, Illinois this 15th day of September, 1959.